Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56665 of 2025 Arising Out of PS. Case No.-702 Year-2023 Thana- NAGAR District- Vaishali ====================================================== Ajay Kumar S/o Suresh Mahto R/o ward no. 20, Sadapur, P.S - Mahua, District - Vaishali Hajipur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shamima Khatoon W/o Md. Kamal R/o ward no. 10, Nakhas chouj, Andar Kila, P.S.- Town, Distt.- Vaishali ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Parmod Ban Bihari Singh, Advocate For the Opposite Party/s :

Mr. B.N. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 08-12-2025 Heard Mr. Pramod Ban Bihari Singh, learned counsel for the petitioner and Mr. B.N. Pandey, learned APP for the State.

2. The petitioner has prayed for bail in connection with Town P.S. Case No. 702 of 2023 registered for the offence punishable under Sections 366(A)/34 of the I.P.C. and Section 12 of the POCSO Act.

3. The case of the prosecution in short is that the petitioner has kidnapped the minor daughter of the informant for the purposes of immoral work.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this

Patna High Court CR. MISC. No.56665 of 2025(4) dt.08-12-2025 2/3 case. He also submits that during the course of investigation, the victim has given her statement recorded under Section 164 of the Cr.P.C., wherein she has stated that she has gone with the petitioner on her own sweet will and that the petitioner has not established physical relationship with her. She has also stated that she was on talking terms with the petitioner, which developed into a relationship. It has also been submitted that the petitioner is languishing in judicial custody since 11.01.2024.

5. The learned APP for the State has conceded to the argument of the learned counsel for the petitioner that no one has kidnapped the daughter of the informant rather she has gone out of her house on her own will.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge-VI-cum-Special Judge, POCSO Vaishali at Hajipur in connection with Town P.S. Case No. 702 of 2023.

Patna High Court CR. MISC. No.56665 of 2025(4) dt.08-12-2025 3/3

7. Accordingly, the prayer for regular bail of the petitioner stands allowed.

(Ashok Kumar Pandey, J) Sudhanshu/- U T